CelebrityBabyScoop.com Terms of Use

Effective Date: April 5, 2010

Celebrity Baby Scoop, LLC offers the celebritybabyscoop.com website, its content, and services in connection with its website and content (collectively “Site Content”). You agree, by your accessing of the Site Content, that you have read, understood, and agree to be bound by these terms of use, regardless of whether or not you are a registered member of celebritybabyscoop.com.

Celebrity Baby Scoop, LLC’s site content is protected by copyright law and is licensed to you for your use subject to the terms and conditions below. You many not use the Site Content for anything else that is not allowed under these Terms of Use or the copyright law of the United States.

READ THESE TERMS OF USE. THEY CONTAIN INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE CONTENT.

CELEBRITY BABY SCOOP, LLC MAY MODIFY, DELETE, OR ADD TO THESE TERMS OF USE AT ANY TIME AND WITHIN ITS DISCRETION. IF CELEBRITY BABY SCOOP CHANGES THESE TERMS OF USE, IT WILL CHANGE THE EFFECTIVE DATE OF THE TERMS OF USE LOCATED AT THE TOP OF THIS PAGE. YOU AGREE TO BE BOUND BY ANY MODIFICATION OF THESE TERMS OF USE AND TO REVIEW THE MOST CURRENT VERSION OF THESE TERMS OF USE PRIOR TO USING THE WEBSITE OR SITE CONTENT. YOUR USE OR ACCESS OF THE SITE CONTENT FOLLOWING A CHANGE IN THE EFFECTIVE DATE CONSTUTITES ACCEPTANCE OF THE CHANGE IN THE TERMS OF USE.

1. Eligibility of Registered Members and Non-Registered Users

Use of the Site Content outside of these Terms of Use is void where prohibited. Both registered members and non-registered users hereby agree to be bound by and abide by these Terms of Use.

2. Competent Users

You warrant that you are over the age of 18 and are fully capable and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties in this Terms of Use agreement. You further agree to abide by and comply with these Terms of Use.

3. Registered Member Data

You warrant that you will provide the most current, accurate, and complete information about yourself where requested by Celebrity Baby Scoop, LLC. You agree to continually update your information if and when it changes. You agree to keep your username and password secure. You are responsible for your registered member account and you take full responsibility for any actions that occur using your membership account.

4. Privacy Policy

You agree to be bound by Celebrity Baby Scoop, LLC’s Privacy Policy. That Privacy Policy is incorporated into these Terms of Use.

5. Our Rights in the Site Content

The Site Content, which includes but is not limited to the text, software, scripts, graphics, photos, sounds, music, videos, interactive features, and the like, as well as their selection and arrangement, are owned by Celebrity Baby Scoop, LLC. The Site Content also includes any and all trademarks, service marks, designs, and logos that are contained on the celebritybabyscoop.com website. All of the Site Content is subject to copyright, trademark, and other intellectual property rights.

Except for the User Generated Content that you provide, the Site Content may not be used, modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any for or by any means, in whole or in part, without Celebrity Baby Scoop, LLC’s prior written consent.

6. Our Rights in User Generated Content

You are responsible for your User Generated Content. This includes but is not limited to any text, photos, profile information, name, likeness, music, video, advertisements, listings, information, and other content that you contribute to the Site Content. Your User Generated Content belongs to you, subject to copyright, trademark, or other intellectual property rights and our rights as outlined below.

You give Celebrity Baby Scoop, LLC an irrevocable and non-exclusive license to use your User Generated Content for the purposes of the celebritybabyscoop.com website or our Trusted Partners program. These purposes may include but are not limited to making copies for storage or archival purposes. You give Celebrity Baby Scoop, LLC permission to reproduce, publish, distribute, modify, destroy, or otherwise utilize your User Generated Content for the purposes of the celebritybabyscoop.com website or our Trusted Partners program. You agree to waive all moral rights in your User Generated Content, and you warrant that you have not otherwise asserted moral rights in your User Generated Content.

You agree and warrant that your User Generated Content will not violate or infringe upon the rights of third parties, including copyright, trademark, privacy, publicity, or other personal or proprietary rights. You also agree and warrant that your User Generated Content will not contain defamatory material or any other unlawful material.

If Celebrity Baby Scoop, LLC receives a notice of copyright infringement, that notice will be handled in compliance with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act safe harbor provisions and Celebrity Baby Scoop, LLC’s Copyright Policy are incorporated into this Terms of Use agreement.

7. Registered Member Accounts

You can appoint others to act as your agent and to use the Site Content. You agree and warrant that any user that you authorize to have access to your account has the capacity to contract and is your authorized legal agent. You are responsible for any and all access to the Site Content by any authorized or unauthorized user of your account. It is your responsibility to control access to your account and to protect your username and password. You agree to hold Celebrity Baby Scoop, LLC harmless for any access to your account, whether authorized or unauthorized.

You agree and warrant that you are responsible for backing up your User Generated Content. You agree to hold Celebrity Baby Scoop, LLC harmless for any damage to, corruption of, or loss of your User Generated Content.

8. Interactive Computer Service Provider

Celebrity Baby Scoop, LLC is an interactive service provider under § 230 of the Communications Decency Act. Any commentary or other communication made through the use of celebritybabyscoop.com is entirely the responsibility of the person from whom such commentary or communication originated, and not Celebrity Baby Scoop, LLC. Celebrity Baby Scoop, LLC is not obligated to review, monitor, edit, delete, refuse, or modify the Site Content at any time or for any reason, but it may, within its sole and absolute discretion, choose to do so. Celebrity Baby Scoop, LLC may, within its sole and absolute discretion, delete or remove Site Content, including User Generated content, without notice and for any and for no reason which violates the law, this Agreement, or which might be offensive, harmful, or threatening to the safety of others. You expressly warrant and agree to hold Celebrity Baby Scoop, LLC harmless for any and all liability arising out of its exercise of any discretion.

Celebrity Baby Scoop, LLC’s provision of Site Content as an interactive service provider does not imply its approval or endorsement of third party or User Generated Content.

Celebrity Baby Scoop, LLC publishes Site Content that may contain user generated content and links to third party websites that are not owned or operated by Celebrity Baby Scoop, LLC. Celebrity Baby Scoop, LLC has no responsibility for these third party websites or for the user generated content of those sites. You use third party websites at your own risk, and you expressly warrant and agree to hold Celebrity Baby Scoop, LLC harmless for any and all liability arising out of your use of third party websites.

9. Limited License to Use Site Content

Celebrity Baby Scoop grants you a limited license to access and use the Site Content for your own personal non-commercial use. Any other use of the Site Content is prohibited.

You may not republish, incorporate, or otherwise use the Site Content without the prior, written authorization of Celebrity Baby Scoop, LLC. You may not use any data mining, robots, scraping, or other data gathering or extraction methods on the Site Content. Any use of the Site Content must keep intact all copyright, trademark, or other notices and provide the name of Celebrity Baby Scoop, LLC, the name of the original author, or, if the original author designates another party for attribution, the name of such other party, the title of the work, and the URL identifier associated with the Site Content, if any.

You agree and warrant that you will use the Site Content for commercial use with the written consent of Celebrity Baby Scoop, LLC. The prohibited commercial uses include but are not limited to: sale of the Site Content; use of the Site Content for the purpose of gaining subscription or advertising revenue; and use of the Site Content to displace the market for Celebrity Baby Scoop, LLC.

You agree and warrant that you will not modify the Site Content.

You agree and warrant that you will comply with these Terms of Use and with all applicable local, national, and international laws and regulations.

This limited license will terminate automatically if you breach the terms and conditions of this Terms of Use. Celebrity Baby Scoop, LLC may, in its discretion, terminate y our membership and delete your profile and any User Generated Content for a breach of these Terms of Use.

10. Trademarks

Celebrity Baby Scoop, LLC trademarks, including but not limited to CELEBRITY BABY SCOOP, are registered trademarks, common law trademarks, or trade names in the United States and in accordance with the laws of the United States. You may not use Celebrity Baby Scoop, LLC’s marks, or any colorable imitation thereof, as an indicator of source or as a part of a domain name that is likely to cause consumer confusion. Celebrity Baby Scoop, LLC’s marks may not be used or imitated without the prior written permission of Celebrity Baby Scoop, LLC.

11. Representations, Warranties, and Disclaimer

CELEBRITY BABY SCOOP, LLC OFERS THE SITE CONTENT ON AN AS-IS BASIS. CELEBRITY BABY SCOOP, LLC MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND CONCERNING THE SITE CONTENT, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR THE ABSENCE OF LATENT OR OTHER DEFECTS, ACCURACY, OR THE PRESENCE OR ABSENCE OF ERRORS, WHETHER OR NOT DISCOVERABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THIS EXCLUSION MAY NOT APPLY TO YOU

CELEBRITY BABY SCOOP, LLC IS NOT RESPONSIBLE FOR ANY USER GENERATED CONTENT, USER CONDUCT, OR THIRD PARTY APPLICATIONS, SOFTWARE, OR OTHER CONTENT POSTED. CELEBRITY BABY SCOOP, LLC ASSUMES TO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DESTRUCTION OF IDENTITY, OR UNAUTHORIZED ACCESS TO A MEMBER, OR ALTERATION THEREOF.

Celebrity Baby Scoop, LLC reserves the right to discontinue the Site Content at any time.

12. Limitation on Liability

YOU AGREE THAT CELEBRITY BABY SCOOP, LLC WILL NOT BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY DAMAGES ARISING OUT OF THIS LICENSE OF THE SITE CONTENT, WHETHER THOSE DAMAGES ARE SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNATIVE, OR EXEMPLARY. YOU AGREE THAT CELEBRITY BABY SCOOP, LLC WILL ONLY BE LIABLE TO YOU FOR THE AMOUNT THAT YOU PAID FOR THE SITE CONTENT AND SERVICE, AND IN NO CASE WILL THAT AMOUNT EXCEED $1000. IF NO FEES ARE PAID TO CELEBRITY BABY SCOOP, LLC, YOU AGREE THAT YOU WILL BE LIMITED TO INJUNCTIVE RELIEF ONLY UNLESS OTHERWISE PERMITTED BY LAW.

SOME STATE LAWS DO NOT ALLOW LIMITATIONS OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS MAY NOT APPLY TO YOU. IF THAT IS THE CASE, YOU SHOULD SEEK LEGAL COUNSEL TO UNDERSTAND YOUR RIGHTS UNDER YOUR STATE’S LAWS.

13. Indemnification

You agree and warrant that you will defend, indemnify, and hold Celebrity Baby Scoop, LLC harmless, including its members, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including attorneys fees, that arise from: (1) your use of and access to the Site Content; (2) your violation of this Terms of Use agreement; (3) your violation of the rights of a third party, including but not limited to intellectual property rights; or (4) any claims that your User Generated Content caused damage to a third party. You agree that your obligation to defend, indemnify, and hold Celebrity Baby Scoop, LLC harmless will survive the termination or failure of this Terms of Use agreement and your use of the Site Content.

14. Assignment

This Terms of Use agreement, and any rights or duties that are granted under it, may not be transferred or assigned by you. Celebrity Baby Scoop, LLC may assign its rights and duties under this agreement at any time.

15. Additional Terms and Conditions

You agree that, for all legal and non-legal purposes, the Site Content is based in the State of New Jersey. You also agree that the Site Content is a passive website that does not give rise to personal jurisdiction over Celebrity Baby Scoop, LLC in jurisdictions other than New Jersey. This Terms of Use agreement will be governed and interpreted under the laws of the State of New Jersey, without regard to conflicts of laws principles. Any dispute arising out of or otherwise connected to this agreement or the Site Content will be decided exclusively by arbitration.

YOU AND CELEBRITY BABY SCOOP, LLC AGREE THAT ARBITRATION WILL BE THE EXCLUSIVE FORUM AND REMEDY AT LAW FOR ANY DISPUTES ARISING OUT OF OR CORRELATING TO THIS AGREEMENT OR CONCERNING THE VALIDITY, INTERPRETATION, BREACH, VIOLATION, OR TERMINATION OF THIS AGREEMENT. THIS ARBITRATION WILL BE HELD IN SPARTA, NEW JERSEY IN ACCORDANCE WITH THE MOST RECENT COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). THE ARBITRATOR WILL DECIDE THE CLAIM ON THE BASIS OF THE LEGAL PRINCIPLES AND LAWS OF THE STATE OF NEW JERSEY AND WILL HAVE THE DISCRETION TO AWARD COSTS AND FEES. THE LOSING PARTY WILL BE REQUIRED TO PAY THE PREVAILING PARTY’S REASONABLE ATTORNEY’S FEES. YOU AND CELEBRITY BABY SCOOP, LLC AGREE THAT THE DETERMINATION OR AWARD OF THIS ARBITRATION MAY BE ENTERED AS A JUDGMENT IN ANY COURT SITTING WITHIN THE STATE OF NEW JERSEY THAT HAS JURISDICTION OVER THE SUBJECT MATTER OF THE DISPUTE. YOU AND CELEBRITY BABY SCOOP, LLC UNDERSTAND AND AGREE THAT THE PARTIES WILL BE REQUIRED TO BE PRESENT WITHIN THE STATE OF NEW JERSY IN ORDER TO PERFORM THEIR OBLIGATIONS UNDER THESE TERMS OF USE. YOU AND CELEBRITY BABY SCOOP, LLC SUBMIT TO THE PERSONAL JURISDICTION OF ANY SUCH ARBITRATOR OR ARBITRATION PROCEEDING.

The validity or enforceability of this Terms of Use agreement will not be affected by a finding that any provision of this Terms of Use agreement is invalid or unenforceable. If any provision of this Terms of Use agreement is found to be invalid or unenforceable, that provision will be reformed to the extent necessary to make it valid and enforceable.

No term or provision of this agreement will be deemed to have been waived and no breach of this agreement is consented to unless such a waiver or consent is in writing and signed by the party to be charged with the waiver or consent.

This Terms of Use agreement and its incorporated Privacy Policy and Copyright Policy constitute the entire agreement between the parties with respect to the Site Content and use of celebritybabyscoop.com. There are no understandings, agreements, or representations with respect to the Site Content that is not specified in this agreement. Celebrity Baby Scoop, LLC will not be bound by any additional provisions that may appear in any communication from you.

YOU AND CELEBRITY BABY SCOOP, LLC AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE CONTENT OR THESE TERMS OF USE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. IF IT DOES NOT, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.